More on Restraining Orders and Peace Bonds
Restraining Orders Peace Bonds
Restraining Orders
A restraining order is an order made by a judge that orders a person or persons to stay away from persons named in the order, and prohibits him or her from hurting or threatening to hurt those named in the order. The order can be quite detailed in naming the locations that the person to be restrained must not attend. For example, the order can state that a person should not go within two hundred metres of another's home or workplace. The order can also specify that a person is not to contact another person by any means.
A restraining order is granted by the civil courts. If you are using the civil courts already, for example for a divorce, it can be convenient to use the same court to apply for a restraining order.
In order to obtain a restraining order, you must make an application to
a judge in the Court of Queen's Bench. If you have low income, you can apply
to Legal Aid for legal assistance to get a restraining order. To find where
your nearest Legal Aid office is and to find out other information about Legal
Aid, see www.legalaid.ab.ca.
If you are in an emergency situation and need a restraining order quickly,
be sure to tell the staff at the Legal Aid office.
In Edmonton and Calgary, if you qualify for Legal Aid, you will then be sent to the Family Law Office who will look after applying for the restraining order for you. Lawyers at the Family Law Office can also assist with other matters that may
be covered by your legal aid certificate, such as child custody issues.
In Calgary, there is also the opportunity for assistance from Calgary Legal
Guidance. See www.clg.ab.ca
or phone (403) 234-9266. There are financial limits that apply to qualify.
If you do not qualify for Legal Aid, you must then decide whether to hire a lawyer or to apply for the restraining order yourself.
If you decide to hire a lawyer, the Lawyer
Referral Service, toll free at 1-800-661-1095 or (403) 228-1722 in Calgary,
can give you the names and numbers of three lawyers who practice in this area
of law. You can see any or all of these lawyers free for half an hour before
you decide which one to hire.
How long does a restraining order last?
If an emergency order is granted and the abuser is not present, the order will require that a copy be served on him or her. A date is given for the order to be reviewed. On the date for review, the abuser may attend at court to state any reasons why the final order should not be granted. If he or she is unsuccessful or does not attend court, the order will be made for a fixed period of time.
In a non-emergency situation, notice will be given to the other party and the judge will hear evidence from both sides before deciding to grant the order, and how long it will last.
In both cases, the judge decides how long the restraining order will last.
Enforcing the restraining order
It is a good idea to carry a copy of the restraining order with you at all times. If a person breaches the terms of a restraining order, the person can be arrested. If you carry a copy of the order, you will be able to show it to any authority, such as the police, who can then take the necessary action in arresting the offender.
Peace Bonds
A peace bond is an order from a criminal court. It is an order that requires someone to keep the peace and obey any other conditions that the court puts in the order.
A peace bond can be used as a form of punishment when someone has committed a minor criminal offence. The offender can be bound over to keep the peace for up to one year, which means that he has to stay out of trouble and not be charged with any criminal offences.
A peace bond can also be used in the situation where a person fears for his or her safety, or the safety of his or her children or property. This could be a situation where you are subjected to certain kinds of elder abuse. A peace bond could not be used to protect from emotional or financial abuse. A court can grant a peace bond that requires the abuser to have no contact with you and to stay away from specific locations.
You do not need your own lawyer to apply for a peace bond, so the process can be less expensive than applying for a restraining order. Your role in the process is as a complainant. You make a formal complaint to those who work in the criminal justice system and they then handle the matter. This can mean that you might not be as well informed about what is going on as when you have your own lawyer applying for a restraining order. The process can also take longer. A peace bond can only be applied for during normal court hours. In an emergency, it can be faster to use the procedure offered under the Protection Against Family Violence Act to obtain an emergency protection order.
Each jurisdiction may have a slightly different procedure for applying for a peace bond. The police or the local Provincial Court-Criminal Division will be able to tell you what to do in your area. In Edmonton, for example, you have to call the Provincial Court-Criminal Division and ask for an appointment with a Justice of the Peace. The Justice of the Peace will take down details of your complaint and forward it to the Crown Prosecutor's Office, which will determine if there are grounds for a peace bond. If there are grounds, a summons is issued for your abuser to appear in court. In a situation where the Justice feels that someone may be in great danger, he or she can order the police to arrest the alleged abuser and bring them to court right away.
You have to be prepared to appear in court and give evidence as to why you are seeking a peace bond. If your abuser does not show up, the court may issue the peace bond if satisfied there are grounds. Anyone found to be in breach of a peace bond can be charged and convicted of an offence.
A peace bond can be granted for a maximum of twelve months. As with a restraining order, make sure that you carry a copy with you at all times so that, if necessary, a police officer knows that he or she has authority to arrest a person in breach of the order. As with restraining orders, there are agencies that can assist with obtaining peace bonds. The local police department will be able to tell you what assistance is available in your area.
Funding for OakNet is provided by the Alberta Law Foundation.
Updated: December 1, 2003
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